14 PROCTOR | July 2015
News
Civil Justice Fund – helping lawyers
collaborate for maximum impact
The Queensland Public Interest Law
Clearing House Incorporated (QPILCH)
coordinates pro bono civil law
assistance in Queensland and works
closely with Queensland Law Society,
the Bar Association of Queensland,
other community legal centres,
government and law schools to make
pro bono work efficient and effective.
On average, people will encounter more legal
problems if they are already experiencing
homelessness, poverty, ill health, old age,
mental health problems, social disadvantage
and/or disability. People in these vulnerable
groups are also much less likely to be able
to afford a lawyer.
Most lawyers are willing to do pro bono work,
but there are hurdles to taking on pro bono
clients, including managing the scope of the
matter, dealing with a client who has complex
needs, and being satisfied that the case is
appropriate for pro bono help.
To address these hurdles, pro bono
work is increasingly being delivered not
only through the traditional mode of a firm
taking on a client, but through coordinated
services where lawyers can commit to a
certain number of hours or certain tasks.
In the coordinated model, the client is often
supported by their community worker, while
the lawyer is supported by a coordinating
agency such as QPILCH, which can select
appropriate clients and has expertise in
areas of law associated with poverty.
These types of service can deliver better
outcomes for clients and practitioners alike.
They have some costs because they use staff
to coordinate the programs, but they are a
very efficient way of delivering pro bono work.
Many of these programs, run through
QPILCH and other community legal centres,
rely on government funding, which can be
short-term and insecure. Independent and
secure funding provides the flexibility needed
to create models that match the needs of
clients and practitioners alike.
To build an independent source of funding,
QPILCH has established the Civil Justice
Fund (CJF), a perpetual sub-fund of the
Queensland Community Foundation. As
reported in the May edition of Proctor,
members of the profession gathered to
launch the CJF on 18 March.
Donations and bequests will be invested in
perpetuity and the income earned each year
will be applied to meet the objectives of the
CJF. The CJF will help provide legal assistance
to families, the elderly, disadvantaged people
and anyone with established need, in areas
such as housing, employment, consumer
protection, health, financial abuse, property
disputes, guardianship, credit and debt, and
child protection.
The CJF will fund innovative pro bono
services, such as QPILCH’s outreach
model (where lawyers connect with clients
through community partners) and its Self
Representation Service (SRS).
A recent example of the outreach model
at work, said QPILCH acting director Sue
Garlick, involved two separate firms delivering
pro bono services by phone to help clients
of a suburban community centre.
“‘Fred’ had a small business, but then he
became sick,” she explained. “He had a
number of operations and also a mental
health diagnosis. As so often happens,
everything spiralled downwards – Fred
accumulated bank loans, credit card debts
and he got further away from getting back on
track. He was getting some housing support
from the suburban community association,
because his electricity was about to be cut
off. QPILCH was operating a legal service
at this community association where the
workers supported clients to phone pro
bono lawyers for help – not just advice,
but casework, delivered remotely.”
Ms Garlick said that when the lawyers
connected with ‘Fred’, they discovered he also
had a huge tax debt and was facing wrongful
behaviour criminal charges. “The lawyers got
more than $60,000 of Fred’s debts sorted, his
tax liabilities of more than $25,000 sorted and
connected him with legal representation for
his criminal matters. But more importantly, the
whole process of at last having some positive
wins helped Fred re-establish his life – his
housing, his sense of wellbeing and his ability
to participate in the community.
“It is an example of how practitioners working
together can achieve meaningful outcomes
for clients. The Queensland barristers and
law firms which formed QPILCH more than
10 years ago recognised that you can get
a lot more done if you work together in a
focused and targeted way.”
The CJF’s patron is president of the Court of
Appeal Justice Margaret McMurdo AC. At
the CJF launch in March, Justice McMurdo
explained how the SRS contributes to the
smooth running of courts by helping people
to understand their case and to discontinue
their proceedings where appropriate.
She said in the 2013-14 financial year,
self-represented litigants were involved in
almost 40% of all civil appeals finalised in the
Court of Appeal. “Little wonder the judges of
appeal, despite their best efforts, have been
concerned as to whether the disadvantage of
self-representation could lead to a miscarriage
of justice in some cases,” she said.
These concerns led QPILCH to establish
the SRS in the Court of Appeal (SRSCA).
In the 2013-14 financial year it received
27 applications for assistance. Fourteen
of those clients had potential appeals and
13 of those 14 were advised that they
had poor prospects of success. Of those,
nine accepted that advice and did not
commence an appeal.
Justice McMurdo said that the SRS has
become the model to be emulated nationally.
“It assists not only the litigants, but also
appeals registry and court staff, the judges
and, indirectly, the broader community.
It gives the Court of Appeal judges great
comfort to know that the SRSCA allows self-
represented civil litigants the opportunity to
obtain considered legal advice. The SRSCA
is playing a critical role in ensuring access to
civil justice for vulnerable Queenslanders.”
About the CJF
The CJF received seed funding from Legal
Aid Queensland and the Public Trustee
of Queensland and is managed by the
Public Trustee and invested by QIC, one of
Australia’s leading investment managers. The
CJF is administered by a voluntary committee
so there are no fund administration costs.
If you, a colleague or a client wishes to
make a donation or bequest to the CJF,
contact Tony Woodyatt on 07 3846 6317 or
director@qpilch.org.au or visit qpilch.org.au .
Karen Dyhrberg
QPILCH principal solicitor
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